Attorney for Prenuptial Agreement in Miami
What is a Prenup or a Prenuptial Agreement?
Protecting Assets With Prenup Agreements
There is a myth that prenuptial agreements are reserved for the wealthy or those who do not have faith their marriages will last. In reality, couples in all income brackets can benefit from prenups, and the agreement does not indicate that a relationship is on the rocks. Instead, these documents protect your financial interests during the marriage and after divorce, if applicable.
Because there are so many myths surrounding prenups, it is helpful to speak to an attorney about the matter. Contact our firm today to consult with a prenuptial agreement attorney.
What Can You Include in a Prenup?
You have numerous options when creating a prenup. For instance, you can create an agreement to:
- Divide the debts and assets acquired before the marriage
- Divide the debt and assets acquired during the marriage
- Determine the rights to pension and death benefits
- Determine possible alimony payments in the event of divorce
Why Choose Cabanas Law Firm?
- Fully Bilingual – Our attorneys and staff are fluent in English and Spanish, so you don’t have to worry about the details getting lost in translation.
- Over Six Decades of Combined Experience – Sergio Cabanas, Esq. was admitted into the Florida Bar Association in 1991 and founded the firm in 2006. The firm’s attorneys have more than six decades of combined experience in family law.
- Clients Are the Priority – Our Broward and Miami-Dade County family law & divorce attorneys make each client a priority. We respond to all communications within 24 hours and provide concierge-level client services to busy professionals.
- Certified Mediators – As certified mediators, our attorneys can help clients resolve divorce and family law issues with as little contention as possible.
- Three Office Locations– Cabanas Law Firm has three offices in South Florida. You can meet with an attorney at our Pembroke Pines, Weston, or Sunny Isles Beach office.
What Can A Prenup Do?
A valid prenup offers a wealth of financial protections for both parties. First, you can set guidelines regarding how assets and debts are controlled or managed while married. Then, you can also determine how to divide the debts and assets upon divorce. Additionally, you can choose how to handle payouts from retirement accounts, pensions, and life insurance policies.
Next, you can use the agreement to address alimony, including if it will be included upon divorce, as well as the duration and the amount. You can also use the agreement to waive the right to alimony.
However, you cannot address child support or custody in this agreement. Instead, you will have to settle that matter in family court if you divorce.
Your prenup agreement attorney will go over each item with you, ensuring that you follow the guidelines. Also, the attorney will make sure you do not include “unconscionable” stipulations. For instance, if your spouse stays home to care for the kids while you work, your prenup cannot exclude the spouse from receiving any assets or support.
Protecting Children From A Previous Relationship
If you have children from a previous relationship, you likely want to pass along the property and other assets after you pass away. In many cases, the surviving spouse inherits the property and then leaves it to the children after death. However, your spouse could disinherit your children, meaning they will not get their fair share of the estate.
You can protect your children’s inheritance by creating a prenuptial agreement. Your prenup attorney will discuss the assets you want to pass on and include instructions in the agreement. Then, it will not matter if your spouse disinherits his or her stepchildren. They will still get their fair share. Read More
Why You Should Think about Getting a Prenuptial Lawyer in Miami
Some people think that having a prenuptial agreement goes against the romantic concept of marriage. They may think getting a prenup is just for the wealth. But look around you - the world is full of people whose lives were ruined by a greedy spouse and their unprincipled lawyer. For many, it makes sense to use a prenup attorney in Miami to help them protect their pre-marriage assets and end up with a favorable resolution should their marriage fail in the future.
Broaching the Subject of Getting a Prenuptial Lawyer in Miami with Your Partner
We know it’s not the most romantic conversation you will ever have with your partner but look at the understanding you have already: You may be sharing a mortgage or splitting the rent. These are often an unspoken agreement.
If you have property and a business before you get married if your marriage does break down – and unfortunately, they frequently do – why should you suddenly own only half of your property or business?
So yes, it’s a sensitive subject and it requires the best prenup attorney in Miami to navigate all the legalities surrounding it.
Divorce & Mediation Law Firm are specialists in prenup agreements. We are a peace-loving firm and if we’re talking to you and your partner about becoming your prenup agreement attorney, we will try to do it so that no one gets offended. Drawing up a prenup is a purely practical thing to do. It avoids all sorts of unpleasantness later if both parties understand before they marry what is going to happen should the marriage end in divorce.
What Will a Prenuptial Lawyer in Miami Want My Partner to Agree to?
Each case is different because people’s circumstances vary so much, so your prenup will be tailored to your situation. You can agree to divide the debts and assets acquired during the marriage, which is what many people take to be the whole arrangement. But what about any debts and assets acquired before the marriage? What about pensions and death benefits? How will you deal with alimony? In a business where personal relationships are not involved, it’s recommended you should get this sort of thing arranged while you’re still friends. Doesn’t it make sense to apply this to a marriage too?
If you want advice before you broach the subject of a prenup with your partner, get in touch with our prenuptial attorneys in Miami. We will give you the confidence to bring up the subject without feeling bad about it.
Equally, if you are the one on the receiving end of a prenup, we can advise you on that too, and make sure that your best interests are represented before you agree to sign it.
Whether you already have a lot that you need to protect or visualize a golden future and want to safeguard that, we can make sure you enter marriage with a sense of security. Peace of mind: that’s what having a prenup is all about. And we’re here to help you find it.
Our Law Firm also offers the following services:
- Divorce Attorney Services
- Family Law Attorney Services
- Post Divorce Attorney Services
- Divorce Mediation Attorney Services
And many more family matter related services. Read Less
Contesting A Prenup
Our attorneys adhere to the guidelines set forth in Florida’s Uniform Premarital Agreement Act to ensure these documents meet the legal requirements. However, people who create their own often make mistakes that open the door for legal challenges.
The court can review the prenup and invalidate it if it determines it does not follow the guidelines or is “unconscionable.” Additionally, a party can claim that he or she was coerced or forced to sign the agreement. With that in mind, our attorneys make sure that all parties enter into these agreements willingly and with full understanding. Thus, do not attempt to create such an agreement on your own. Instead, reach out to our firm to discuss your needs with a prenup agreement attorney today.
How A Prenup Agreement Attorney From Our Firm Can Help
Our firm understands that you are likely dealing with stress leading up to your wedding. Thus, we strive to make this as easy as possible. First, we can explain the agreement and negotiate the terms with your future spouse, so you will not have to handle the conversation yourself. Additionally, we can prepare the paperwork well in advance so it will be executed in time for your wedding. Finally, we tailor prenups to meet the needs of each client we serve, allowing us to provide customized solutions for you and your future husband or wife.
Why Choose The Divorce & Mediation Law Firm
Highly Responsive – We strive for rapid return calls. No going dark or waiting days to hear back.
We Take Complex and Difficult Cases – This is where tenacity and knowledge of the law matter. We do what’s necessary, even in challenging situations.
Experienced – Our attorneys have had years of experience in handling divorces for doctors, business owners, and executives, and we are 100% dedicated to divorce and family law.
Honesty and Transparency – You’ve made an important decision in your life. We respect you for that. Our approach focuses on efficiency and speed to resolve cases as quickly as we can to get your life back to normal sooner.
Caring & Compassionate (Truly) – We have a personal connection to divorce and family law matters. We know what it takes, even in extraordinarily difficult situations.
Personalized Attention – We understand and respect that every client’s needs are unique. We treat all of our clients with the attention they deserve.
Why Choose The Divorce & Mediation Law Firm
1. Highly Responsive – We strive for rapid return calls. No going dark or waiting days to hear back.
2. We Take Complex and Difficult Cases – This is where tenacity and knowledge of the law matter. We do what’s necessary, even in challenging situations.
3. Experienced – Our attorneys have had years of experience in handling divorces for doctors, business owners, and executives, and we are 100% dedicated to divorce and family law.
4. Honesty and Transparency – You’ve made an important decision in your life. We respect you for that. Our approach focuses on efficiency and speed to resolve cases as quickly as we can to get your life back to normal sooner.
5. Caring & Compassionate (Truly) – We have a personal connection to divorce and family law matters. We know what it takes, even in extraordinarily difficult situations.
6. Personalized Attention – We understand and respect that every client’s needs are unique. We treat all of our clients with the attention they deserve.
Meet Our Attorneys
Sergio Cabanas, Esq.
Managing Attorney & Founder
Laura Grossman, Esq.
Senior Associate Attorney
Brian Prieto, Esq.
Real Clients, Real Testimonials
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